Utah Code » Title 76, Chapter 5 — Offenses Against the Individual; part 76-5-2 — Criminal Homicide
Utah Code

Utah Code § 76-5-206 (2026)

Negligent homicide -- Penalties

✓ current as of May 2026
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Definitions of terms in Section 76-1-101.5 apply to this section.
An actor commits negligent homicide if the actor, acting with criminal negligence, causes the death of another individual.
A violation of Subsection (2) is a class A misdemeanor.
In addition to the penalty provided under this section or any other section, a defendant who is convicted of violating this section shall have the defendant's driver license revoked under Section 53-3-220 if the death of another individual results from driving a motor vehicle.
The court shall forward the report of the conviction to the Driver License Division in accordance with Section 53-3-218.
Notes of Decisions
Cited in 31 cases (1 in the last 5 years), 1978–2025 · leading case: State v. Warden, 813 P.2d 1146 (Utah 1991).
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State v. Warden, 813 P.2d 1146 (Utah 1991). · cites it 12× “Utah Code Ann. § 76-5-206 (1) (Supp. 1988) establishes that negligent homicide is committed when a person "acting with criminal negligence, *1151 causes the death of another.”
State v. Laycock, 2009 UT 53 (Utah 2009). · cites it 4× “Jones was originally charged with automobile homicide, but he later pled guilty to negligent homicide as described in Utah Code section 76-5-206 (2008). Mr. Jones was sentenced in October 2004 to 365 days in jail, a fine, and community service.”
State v. Larsen, 999 P.2d 1252 (Utah Ct. App. 2000). · cites it 6× “OPINION GREENWOOD, Presiding Judge: ¶ 1 Defendant appeals from convictions of negligent homicide, a class A misdemeanor in violation of Utah Code Ann. § 76-5-206 (1999), and failure to yield, a class C misdemeanor in violation of Utah Code'Ann.”
State v. Warden, 784 P.2d 1204 (Utah Ct. App. 1989). · cites it 16× “, is a licensed and board-certified physician who began practicing family medicine in Kaysville, Utah, in 1968. As part of his practice, defendant provides obstetrical care, and estimates that he has attended approximately 2500 births, 300 of which have been home deliveries.”
State v. Boss, 2005 UT App 520 (Utah Ct. App. 2005). · cites it 10× “See Utah Code Ann. § 76-5-206 (2003). On appeal, Defendant argues there was insufficient evidence to support a conviction of negligent homicide, because Defendant’s conduct (1) did not rise to the level of criminal negligence and (2) was not the proximate cause of the collision.”
United States v. Gomez-Leon, 545 F.3d 777 (9th Cir. 2008). · cites it 2× “05 (offense called "criminally negligent homicide" and requires criminal negligence); Utah Code Ann. § 76-5-206 (offense called "negligent homicide" and requires criminal negligence); Wis.”
State v. Velarde, 734 P.2d 449 (Utah 1986). · cites it 6× “, 1953, § 76-5-206 (Repl.Vol. 8B, 1978 ed.), is a lesser included offense of second degree murder under the facts of this case.”
State v. Makaya, 2020 UT App 152 (Utah Ct. App. 2020). · cites it 2× “§ 76-5-206. The distinction between the two crimes turns on the defendant’s mental state, or mens rea.”
Boggess v. State, 655 P.2d 654 (Utah 1982). · cites it 6× “Section 76-2-103(4) provides that a person is criminally negligent when he ought to be aware of a substantial and unjustifiable risk that circumstances exist or the result will occur.”
State v. Dyer, 671 P.2d 142 (Utah 1983). · cites it 4× “However, I agree with what you say with respect to the negligence involved in bringing a loaded, taking a loaded rifle under the circumstances, being intoxicated, having it on his lap, having it in a condition that it can be discharged accidentally with people around, and I…”
State v. Redding, 2007 UT App 350 (Utah Ct. App. 2007). · cites it 4× “Redding appeals her convictions for negligent homicide, a class A misdemeanor, see Utah Code Ann. § 76-5-206 (2003); negligent collision, a class B misdemeanor, see Salt Lake County, Utah, Ordinance § 11.”
State v. Nicholson, 585 P.2d 60 (Utah 1978). · cites it 4× “[3] Section 76-5-206. [4] As noted in the first paragraph of this concurring opinion, "malice" (as well as other derivations) does not appear in the homicide statutes, viz.”
Show all 31 citing cases →
— Utah Code § 76-5-206(1) — 5 cases
State v. Warden, 784 P.2d 1204 (Utah Ct. App. 1989). “, is a licensed and board-certified physician who began practicing family medicine in Kaysville, Utah, in 1968. As part of his practice, defendant provides obstetrical care, and estimates that he has attended approximately 2500 births, 300 of which have been home deliveries.”
State v. Larsen, 999 P.2d 1252 (Utah Ct. App. 2000). “OPINION GREENWOOD, Presiding Judge: ¶ 1 Defendant appeals from convictions of negligent homicide, a class A misdemeanor in violation of Utah Code Ann. § 76-5-206 (1999), and failure to yield, a class C misdemeanor in violation of Utah Code'Ann.”
State v. Boss, 2005 UT App 520 (Utah Ct. App. 2005). “See Utah Code Ann. § 76-5-206 (2003). On appeal, Defendant argues there was insufficient evidence to support a conviction of negligent homicide, because Defendant’s conduct (1) did not rise to the level of criminal negligence and (2) was not the proximate cause of the collision.”
State v. Binkerd, 2013 UT App 216 (Utah Ct. App. 2013).
State v. Ruiz, 329 P.3d 836 (Utah Ct. App. 2014).
— Utah Code § 76-5-206(2) — 1 case
State v. Binkerd, 2013 UT App 216 (Utah Ct. App. 2013).
— Utah Code § 76-5-206(a) — 1 case
State v. Fontana, 680 P.2d 1042 (Utah 1984).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.